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Raila calls for immediate prosecution of Moses Kuria over ‘fixing Ruto at ICC confession’

POLITICS
By Standard Reporter | September 25th 2015
Cord leader Raila Odinga during a rally to demand teachers salary increase at Uhuru park on 23/9/15-[Photo/BEVERLYNE MUSILI/Standard]

CORD leader Raila Odinga terms the order by Director of Public Prosecutions Keriako Tobiko to investigate Gatundu South MP Moses Kuria’s claims of fixing Deputy President William Ruto at the International Criminal Court (ICC) as laughable and a waste of public resources.

On his own accord and without any prompting, Moses Kuria confessed to having procured witnesses to fix Ruto at the ICC over the post-election violence of 2007-2008.

When a man confesses to have committed a crime, there is nothing to be investigated and the next steps should be clear enough.

Raila’s position is that with the confession, there is nothing to be investigated. Mr Kuria ought to be arrested and charged so that he defends himself in court.

As he stated earlier in the week, the Cord leader wants immediate prosecution of Moses Kuria for the following offences contrary to the International Crimes Act No. 16 of 2008

Obstructing justice

10. (1)            A person who willfully attempts in any manner to obstruct, pervert or defeat the course of justice of the ICC is guilty of an offence and liable on conviction to imprisonment for a term of not more than five years.

Perjury

12. (1)            A person who, with intent to mislead, makes a false statement under oath or solemn affirmation before a judge of the ICC or an official of that Court who is authorized by the Court to permit statements to be made before him, knowing that the statement is false, is guilty of the offence of perjury and liable on conviction to imprisonment for a term of not more than seven years.

Fabricating evidence

14. Every person who, with intent to mislead, fabricates anything with intent that it be used as evidence in any existing or proposed proceedings of the ICC, by any means other than perjury or incitement to perjury, is guilty of an offence and liable on conviction to imprisonment for a term of not more than seven years.

Raila also wishes to bring to the attention of the public that all these offences are triable before the local Judiciary. Section 18 of the International Crimes Act No. 16 of 2008 provides as follows.

18.      Jurisdiction to try offences under sections 9 to 17

A person who is alleged to have committed an offence under any of sections 9 to 17 may be tried and punished in Kenya for that offence if—

(a)       the act or omission constituting the offence is alleged to have been committed in Kenya or on board an aircraft or vessel which is registered in Kenya; or

 (b)      at the time the offence is alleged to have been committed, the person was a Kenyan citizen or was employed by Kenya in a civilian or military capacity; or

(c)       the person is, after commission of the offence, present in Kenya.

(2)      A trial authorised by this section to be conducted in Kenya may be conducted in any court of competent jurisdiction.

Raila appeals to the government to apply the law rather than use it selectively and stop wasting taxpayers’ money in investigating a confession.

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